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  • #1

    Capquest, charging order

    Hi,

    I have a debt of 3k with Littlewoods. I was struggling to pay the monthly payments as I can't work over the last 2 years due to a health condition. I have 3 children, and all the expense that comes with that, so I offered them monthly payments that I could afford but never got anywhere. This went on for a while then Capquest took over the debt. They sent me a lot of letters demanding money. I offered them installments but they were always saying it was too low to accept. 2 months ago I received a court letter regarding CCJ, I made an offer of repayment. They said they never received my letter, so I resent a form and Capquest accepted my repayment offer.


    I had a letter from them on Friday saying they will accept the repayment but are in the process of securing the debt on my property with a charging order. I then had a letter yesterday from a solicitor and a court date for an Interim Charging Orser, at Bradford court on 17th July. I am now worried sick. Can they do this? Will I be forced to sell my home?


    The solicitor is HL Solicitors. From research I've done on Capquest they seem a dodgy company, and it's worrying me.


    If anyone could help I'd really appreciate it. Of course I'll be ringing them first thing tomorrow.
    Tags: 1st, 2012, 2nd, account, act, bank, bradford, breach, breached, capquest, ccj, charging order, charging orders, children, claim, collections, con, court, crapquest, creditors, date, debit, debt, debts, default, direct debit, email, failed, friday, help, house, legal, letter, mat, money, order, paid, pay, restriction, solicitors, stop, stress, thank you, unfair, update
  • #2
    Re: Capquest, charging order

    Infinitesimal chance of them being able to convince a court to have your home sold, so put that out of your mind.

    When did you take out the Littlewoods account for the first time?

    Did you receive the N1 claim forms for the original CCJ?

    The form you sent back the 2nd time? Was that to formally "vary/redetermine" the CCJ? Did the court set instalments at the value you are paying, or was it just Crapquest agreeing to that?
    Last edited by Riz; 17 June 2012, 14:33.
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    • #3
      Re: Capquest, charging order

      This debt goes back to 2009.

      I had a court CCJ letter, I admitted it was my debt and offered £5 a month. The court said they'd not received my letter back, so re sent forms. I sent them back but apparently not within the time frame stated, but I was away so when I returned I posted them back straight away. Capquest wrote to me saying it was received late by the court but they were willing to accept the £5 a month. Then
      they said the were in the process of the charging order.

      Originally posted by rizzle View Post
      Infinitesimal chance of them being able to convince a court to have your home sold, so put that out of your mind.

      When did you take out the Littlewoods account for the first time?

      Did you receive the N1 claim forms for the original CCJ?

      The form you sent back the 2nd time? Was that to formally "vary/redetermine" the CCJ? Did the court set instalments at the value you are paying, or was it just Crapquest agreeing to that?

      Comment

      • #4
        Re: Capquest, charging order

        Ring the court. I don't see how securing it changes anything if you're paying; so long as you're not in breach of the ccj order then they have no grounds to apply for a CO. I'd ring the court and see exactly what's going on, then post back here.

        Obviously if it goes to court then I don't see what harm defending it will do as you're paying the judgment aren't you? Surely the judge would back you - as you've not breached the ccj. Do you have bigger debts than this? It could be unfair to other creditors etc.

        Paul's probably the best person to speak to. Check your pm's

        Best of luck
        I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

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        • #5
          Re: Capquest, charging order

          Thank you.

          I've a few other debts, only 1 bigger than this.

          Yes I'm paying the ccj, my first payment was due last week which I paid. I'm paying it straight to capquests bank account, I did it through my bank.

          I'll ring the court tomorrow then update, thanks.

          Comment

          • #6
            Re: Capquest, charging order

            Also email Paul....
            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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            • #7
              Re: Capquest, charging order

              lol! Thanks, I will do

              Comment

              • #8
                Re: Capquest, charging order

                Does anyone know what this means? I just noticed it in the Capquest letter. It says HL Legal and Collections reveived your admission claim form dated 1st April 2012, but it wasn't received until after the time limit so was therefore deemed 'out of time', Judgment was obtained by default on April 2012.

                Capquest then said in the letter 'However we are happy to accept your offer for £5 per month'.

                I have no idea what all of this means. I just remember I sent back a letter to the court stating my income and outgoings and offering £5 per month.

                So am I paying the debt to Capquest if I pay them £5 a month, it will get the debt paid eventually?

                Comment

                • #9
                  Re: Capquest, charging order

                  Answered in my pm to you.

                  It's cos you never acknowledged in time so they secured judgment by default.
                  I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                  If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                  • #10
                    Re: Capquest, charging order

                    ie guilty (by default) as you never proved you were innocent. So to speak.
                    I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                    If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                    • #11
                      Re: Capquest, charging order

                      After doing some reading on charging orders I am quite concerned now about my home and my childrens future. All of this for 3k??? I don't have 3k to give them upfront and I admitted I sent back the admission form the court late, but I had been away. I had returned it the first time but they said they had no receipt of it. I didn't send it recorded, I wished I had now.

                      I read I should be at the Interim Charing Order hearing, but it is in Bradford which is far too far for me to travel to, it isn't possible. So how can I fight my case without going to the court?

                      Comment

                      • #12
                        Re: Capquest, charging order

                        Thank you, I had admitted I was guilty and the debt was mine, they just hadn't received the forms.

                        Comment

                        • #13
                          Re: Capquest, charging order

                          Stop stressing. Make contact with Paul.

                          Seriously. See what he says for now.
                          I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                          If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                          • #14
                            Re: Capquest, charging order

                            ps it'd be transferred to your local court if you defend it (I think)!
                            I'm the forum administrator and I look after the theme & features, our volunteers & users and also look after any complaints or Data Protection queries that pass through the forum or main website. I am extremely busy so if you do contact me or need a reply to a forum post then use the email or PM features offered because I do miss things and get tied up for days at a time!

                            If you spot any spammers, AE's, abusive or libellous posts or anything else that just doesn't feel right then please report them to me as soon as you spot them at: webmaster@all-about-debt.co.uk

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                            • #15
                              Re: Capquest, charging order

                              Thanks. I will see what the Court, Solicitors and Capquest say tomorrow.

                              Comment

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